Ircon International Ltd. v. Afcons Infrastructure Ltd.

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 124/2023 IRCON INTERNATIONAL LTD.

.....Appellant Through:

Mr. Gaurav Pachnanda, Sr. Advocate with Mr. Mohit Goel, Mr. Sidhant Goel, Mr. Karmanya Dev Sharma, Ms. Aishna Jain, Ms. Nikita Jaitly, Advocates.

versus AFCONS INFRASTRUCTURE LTD.

.....Respondent Through:

Mr. Darpan Wadhwa, Sr. Advocate with Mr.

Manu Seshadri, Mr.

Siddharth Shekhar, Mr. Deborshi Sarkar, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 02.04.2025 1.

The appellant has filed the present appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 [Act] impugning an order dated 26.04.2023 [impugned order] passed by the learned Single Judge. In terms of the impugned order, the application filed by the appellant under Section 34 of the Act for setting aside an arbitral award dated 05.03.2019, was rejected.

2.

After some arguments, the learned counsel for the parties jointly agreed that the impugned order be set aside and the matter be remanded to the learned Single Judge for consideration afresh. Thus, without going into The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/04/2025 at 12:02:35

the various questions as agitated before this court, we consider it apposite to accede to the said request.

3.

The impugned order is set aside. The matter is restored to the learned Single Judge for decision afresh.

4.

Given that the arbitral award is dated 05.03.2019 and the parties have been engaged in protracted litigation, we request the learned Single Judge to consider the petition for setting aside the award as expeditiously as feasible. 5.

List before the learned Single Judge on 15.04.2025. VIBHU BAKHRU, J TEJAS KARIA, J APRIL 02, 2025/sms Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/04/2025 at 12:02:35